Seanad debates

Saturday, 29 January 2011

Finance Bill 2011 (Certified Money Bill): Report and Final Stages

 

6:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I did not say that, but there are important implications about whether a Bill is a money Bill. If a Bill is a money Bill, the President is obliged to sign it. If the Bill is not a money Bill, the President can refer it to the Supreme Court for advice on constitutionality. Therefore, there is a significance in respect of a money Bill outside this House. It is clear, from the point of view of the public interest, that this Bill is enacted as quickly as possible. The risk of a presidential reference would be a serious issue that I would have to consider as Minister were the Bill to be declassified as a money Bill.

It is not simply a matter of me wagging my finger at this House; far from it. We have not even considered how the Seanad has to reconvene in the event that the recommendation is that the Bill is not a money Bill. All the other recommendations could be accepted by the Dáil without further reference to the Seanad. There is a question about this recommendation, which is whether the Seanad would have to meet again to consider the consequential recommendation, because it would be then be an amendment from the Dáil. It is not a matter of wagging fingers. There are serious constitutional issues involved in changing this Bill. The Chair cannot give a ruling on it here and it would be determined elsewhere. I accept that. The Senator is entitled to make his points, but I am also entitled to make mine.

The fundamental point remains. Much of this information has already been provided by way of reply to parliamentary questions. One major institution has had to apologise for the inaccurate supply of information for parliamentary questions. It is quite open to the incoming Dáil and Seanad to provide for some form of investigation through an Oireachtas committee. All that machinery is in place and we are risking the Finance Bill 2011 on this issue. It does not make much sense to me. I do not believe the electoral mileage the Senator will generate from this really justifies the distance he is running.

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